IMPORTANT POINT
When decision of a coordinate Bench comes into question, the matter should be referred to larger Bench.

ORDER

1. This writ petition has been filed under Article 32 of the Constitution of India.

2. Heard Shri Shanti Bhushan, learned Senior Counsel for the writ petitioner, Shri Pradeep Mishra, learned counsel for U.P. Power Corpn. Ltd. and Shri Shail Kumar Dwivedi for the State of Uttar Pradesh.

3. It appears that the petitioner had been granted the development rebate of 33.33% by the U.P. State Electricity Board and it is alleged that this was in view of the policy of the State Government to encourage industrialisation of the hill areas.

4. Subsequently, the U.P. Electricity Reforms Act, 1999 came into force with effect from 14-1-2000. This Court by its judgment in U.P. Power Corpn. Ltd. v. Sant Steels & Alloys (P) Ltd. held that the rebate concession would be valid till the Act of 1999 came into force (vide SCC para 34).

5. Shri Shanti Bhushan, learned Senior Counsel submits that the observation in the aforesaid para 34 that the writ petitioner is not entitled to the rebate concession after 14-1-2000 is legally not correct because under Section 12 of the U.P. Electricity Reforms Act, 1999, the State Government is entitled to issue policy directions to the Regulatory Commission, just as it earlier had power to issue policy directions to the U.P. State Electricity Board under Section 78-A of the Electricity (Supply) Act, 1948.

6. We are of the opinion that this argument of Shri Shanti Bhushan, requires consideration by a larger Bench since it is an important question as there can be no doubt that industrialisation of hill areas in the State of Uttaranchal is in the public interest.

7. In view of this we are of the opinion that this question, as to whether the rebate concession granted to the writ petitioner from 1997 to 2002 should continue till 2002 or will cease to have effect after 14-1-2000 and. thereafter, deserves consideration by a larger Bench being an important question of law. Let the papers of this case be put before the Hon’ble the Chief Justice of India for deciding the aforesaid question.

Court Masters